Victim Services Coalition

how to settle lawsuits

Oct

03

What is The Beard Debacle Litigation?


Let me begin by telling you that I grew up in California, and that I went to public school through high school.I have always believed that our schools were built to exacting specifications, and that, if any school buildings in the world would survive an earthquake or some other disaster, it would be our school buildings in California.read more information on earthquake building codes by visiting http://www.fema.gov/earthquake/building-codes

I was quite surprised to learn that, despite all of the rules and regulations, including the Field Act of 1933, within the last 20 years, more than 10,000 California public school projects have been closed without certification by the Division of State Architect (“DSA”), and are currently in use today.I have the list; I got it from DSA – it’s actually not a secret.But not very many people know about it.

I am now a parent and a lawyer. A year ago, I found out that our Superintendent had overseen a construction fiasco that ended up wasting more than $12 million, and we have virtually nothing to show for it. So I filed a lawsuit to get that money back to the school, so that the school could then build the new school buildings as promised in the election for the construction bonds. Later, I found out that our local school has over a dozen illegal school buildings, so I began to research this further. I have spoken to lots of people. Many are in government agencies, parents in other school districts, construction contractors, architects, engineers, geologists, earthquake scientists, and many other people.

Then I learned that in the last ten years California has spent a total of more than $120 Billion (that’s with a “B”) on school construction. Just in case you haven’t guessed yet, that’s more than a lot of money – it is an unprecedented amount of money in the history of mankind for building schoolhouses.

I am sure that there are many fine school buildings that were built with local bond money (enabled by Proposition 39; aka the “Strict Accountability in Local School Construction Bonds Act of 2000”) and with matching funds from the State (the School Facilities Program of 1998 “SFP”), which were built correctly and certified by the DSA before they were occupied by children.read more information on school Modernization program by clicking here

However, it is the 10,000+ illegal school buildings that bother me.So I amended my lawsuit to include those 10,000 illegal projects. I have now started to say, “No China on My Watch.” (There was an earthquake in China in 2008 that killed more than 5,000 school children, and many people, including their parents, have claimed that many of those school buildings collapsed because of shoddy workmanship and poor-quality materials due to fraud and corruption.)

At some point I realized, especially after speaking with parents and other people from other districts, that there are a lot of school districts in California that appear to have experienced the same exact problem we have experienced in our school district.

Here is how it seems to go:

First, there is a bunch of activity to raise money to build new schools, and the voters are asked to authorize bond money that will be paid back through taxes, along with grand promises of matching state funds. Then the construction begins. Several years later, problems begin to surface with the construction, and money starts to disappear. No one seems to know why.

Eventually, the construction project becomes a nightmare. Then, after some more time, a bunch of civil lawsuits get filed. The insurance companies get dragged into it. Some money is paid to the school district to settle all of the construction claims, and everybody goes their own way. When the dust settles, the school is faced with financial cutbacks, especially for teachers’ salaries, all to pay for the botched construction mess, and the taxpayers are stuck with paying on the bonds for the next 30 years. But, along the way, everyone claims that no laws were broken, and the law enforcement agencies don’t do anything to stop it, or to help the school get restitution from those who caused the mess in the first place.

What is The Beard Debacle Litigation?

So, why am I telling you all of this? I have found that in the school districts that have experienced something like this, there are usually several parents and community members who see what is happening, and they try to do something about it. But, for many reasons (which I will discuss later), they run out of steam or lose interest or become discouraged.

My first goal is to try to help all of these people begin connecting with each other, so that we can all begin helping each other put an end to this. My second goal is to tell you that the litigation I have brought goes to the heart of these matters (I will discuss this later, too), and that I am asking for help so that I can keep going with this litigation, and help bring an end to this.

I am not a computer expert, so bear with me. I plan to add to this web site, so that you can keep coming back and learning more about what is going on. I may start “blogging” (but I haven’t blogged before, so again, bear with me). I will try to provide documents for you to read, links to other web sites, legal research, and suggestions for things that you can do on your own.

My main lawsuit is Gananian vs. LHPUSD, Beard, et al., San Mateo County Case No. CIV 482675 filed on April 2, 2009. I am representing myself, as my own lawyer. I am a business law attorney, and a registered patent attorney, so I have had relatively little experience in municipal law, and have had to learn a lot on my own. This is part of the reason I am asking for help, so that I can hire attorneys to assist me.

You can look up the case and see the docket sheet on the Court’s web site at http://openaccess1.sanmateocourt.org/openaccess/CIVIL/default.asp. Use the “CIV” header and then enter the case number (no spaces). Some of the important documents (such as the complaints) can be downloaded from the Court’s web site, (if it has a little camera icon to the far right).

Oh, by the way, if you are wondering why it is call “The Beard Debacle Litigation,” that’s because our Superintendent, Timothy Beard, quit shortly after I sued him and the school district. Before he left his post, he said in a Board meeting, “The buck stops here, that’s why I am quitting.” After he quit, he moved to Costa Rica

In my Second Amended & Supplemental Complaint, I brought a Reverse Validation Action to invalidate (which means to “erase”), among other things, our Proposition 39 Construction Bonds. The defendants in that Reverse Validation Action are referred to as “All Persons Interested In the Matter of the Beard Debacle.” So, it is now called The Beard Debacle Litigation.

Finally, in an effort to gather additional evidence for the litigation, I ask that, if you have any information or documents that you think might be important for me to have, please send it to me. This is a continuing request for evidence, and everything that I write publicly should be read with this request in your mind.

And, lastly, if I have more resources, then I can help make a bigger difference. I cannot make any promises, other than to try, which I will do. So, on the issue of helping me find more resources, please Click Here and Go To Payment Page.

In the end I would like to explore https://injuryrecoveryinstitute.com/ website for your other type of lawsuits, it helped me a lot during my research.

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